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(영문) 대전지방법원 서산지원 2016.01.07 2015고합94
특정범죄가중처벌등에관한법률위반(운전자폭행등)등
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On July 5, 2012, at around 01:50 on July 5, 2012, the Defendant: (a) laid off a DNA seat taxi driven by the Victim C (40) in front of the Saemaul Undong, Taean-gun, Taean-gun, Taean-gun, Taean-gun, Taean-gun, and (b) laid down the victim’s face while driving a taxi in order to display the front window of the driver’s seat open to move the baby to another place, and (c) laid down the b1-day aggregate in need of treatment for about 21 days to the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. A report on internal investigation:

1. Each written statement E and C;

1. A written diagnosis of injury;

1. Application of Acts and subordinate statutes to photographs of damaged parts;

1. Article 5-10 (2) and (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes as to the crime under the relevant Act;

1. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing)

1. Grounds for sentencing under Article 62(1) of the Criminal Act (the following grounds for sentencing has been repeated for a favorable reason):

1. Scope of applicable sentences under Acts: Imprisonment for one year and six months to fifteen years; and

2. Application of the sentencing criteria [ Determination of Type] Crimes against Violence: Group 4 (Persons Causing Special Mitigation) [The scope of revised punishment] [the scope of the changed punishment] mitigation area, one year and six months to two years (the lowest limit of the punishment by law is lower than the minimum limit of the punishment by law, and thus the minimum limit of the punishment by law is applicable] (whether to suspend the execution or not) is a major positive reason: A general positive reason not to punish a person who suffers from any contingent crime, any general negative reason that there is no previous sentence of suspended execution or more: Where the driver of a motor vehicle in operation is a victim;

3. The crime of this case, which was determined to be sentenced, was committed by the Defendant by assaulting the victim operating a taxi, and the use of violence against the driver is likely to cause serious harm to human life and property, and the defendant has a record of criminal punishment due to violent crimes, etc., the nature of such crime is not weak.

However, the defendant.

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